Application for registration of a financial leasing contract
The procedure of registration of a financial leasing contract, as well as changes and other data, is initiated by filing a registration application in the prescribed form, containing data prescribed by the Law on Financial Leasing. Therefore, receipt of the documentation alone, i.e. of the data on the contract concluded, without the application, is not sufficient for registration of the financial leasing contract in the Register.
Registration of an amendment to a financial leasing contract
An agreement on the transfer of a financial leasing contract and a new financial leasing contract cannot constitute grounds for registration of the change of the lessee, although this is a legal transaction of changing the debtor in the contractual relationship, under the Law on Obligations. In that way, the data on the new financial leasing contract would not be entered, which would be in contradiction with the obligation of the lessor to register all contracts, provided by Article 49, paragraph 1, and in connection with Article 50 of the Law on Financial Leasing.
The amount of the registration fee
The fee for the registration of data on the financial leasing contract in the Register is paid in accordance with the Decision on Fees for Registration and Other Services Provided by the Serbian Business Registers Agency and is determined depending on the value of the contract.
The lessor is a foreign lease company
A financial leasing contract, in which the lessor is a foreign leasing company, cannot be registered in the Financial Leasing Register, given the provisions of Article 10, paragraph 1 of the Law on Financial Leasing, which stipulate that the lessor shall be a limited liability company or a joint-stock company whose registered office is in the Republic of Serbia, which is licensed by the National Bank of Serbia to conduct financial leasing operations in accordance with the Law on Financial Leasing.